Conditions / Refusal Reasons
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
That the development hereby approved shall be carried out in accordance with the details shown on the submitted plans (13419A/2, 3, 4, 5, 6, 7, 8 and 9 and plan numbers 7B, 8, 9C, 10B, 11B, 12, 13C and 14C, and 739/300/00, 01 and 02).
Reason: To secure the proper planning of the area in accordance with development plan policies.
No development in respect of the construction of the grain store shall take place until a detailed prediction of the noise produced has been submitted to and approved, in writing, by the Local Planning Authority. The report must be prepared in accordance with BS4142 (1997) 'Method for rating industrial noise affecting mixed residential and industrial areas'. The report should include:
- A large scale plan of the proposed development showing noise sources and noise sensitive receptors
- Noise sources and measurement/ prediction points marked on plan
- Noise levels produced by the [state plant] etc at the nearest noise sensitive location
- The rating level of the noise - is it tonal or intermittent?
- The times of operation of the equipment
- The background noise levels at the nearest noise sensitive location at the most sensitive time the plant will operate (the lowest background level)
- Description of noise calculation procedure
- Comparison of noise levels with appropriate criteria (5dB below background)
- Details of noise mitigation measures proposed
Where possible we expect the rated level to be at least 5dB below the background noise level at the most sensitive time of operation (the lowest background level).
A suitably competent person with a detailed knowledge of acoustics should carry out the acoustic survey. It is recommended that an Acoustic Engineer qualified to be an associate member of the Institute of Acoustics carry out this survey. A list of accredited consultants can be found on the Institute of Acoustics website (www.ioa.org.uk) or by telephoning 01727 848195.
Where necessary, following approval of the noise assessment the applicant must submit a detailed scheme to control the noise produced by the development which must be approved in writing by the Local Planning Authority. The approved scheme must then be implemented and maintained for the duration of the development.
Reason: That there could potentially be two grain facilities in close proximity and control over noise levels is required in order to ensure the impact on the residential amenity of adjoining occupiers is limited in accordance with Policy EP2 of the South Oxfordshire Local Plan 2011.
Unless otherwise agreed by the Local Planning Authority 'LPA', development other than that required to be carried out as part of an approved remediation scheme must not commence until phases i) to iv) have been complied with, or further works have been deemed unnecessary as a result of conclusions based on risk assessments during phases i) or ii), and this has been agreed upon in writing by the LPA.
Document(s) detailing the works undertaken in each phase must be submitted to and approved by the LPA in writing before any other phase commences, and before occupation of any building in relation to phase iv). All phases of investigation must be designed and conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11.
i) A preliminary risk assessment, including a site walkover and conceptual site model detailing all potential contaminants, sources and receptors.
ii) An intrusive site investigation to assess the type, nature, extent and risk(s) of any contamination identified in ii), whether or not it originates on site. It is recommended that the LPA are consulted on proposals.
iii) A detailed remediation scheme, to bring the site to a condition suitable for the intended use. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme shall also ensure that after remediation the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990.
iv) Validation of the remediation scheme demonstrating the effectiveness of the remediation approved in iv).
If contamination is found during the course of development that was not previously identified, the development must be halted on that part of the site to the extent specified by the LPA and until the LPA are satisfied that all necessary phases above have been undertaken.
Reason: To ensure that risks from land contamination to future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy EP8 of the adopted South Oxfordshire Local Plan.
That except as provided by this permission, the development shall be carried out in compliance with the conditions imposed on the planning permission dated 19 September 2007 issued in respect of application reference P07/W0810.
Reason: To ensure the proper planning of the locality in accordance with Policies E8, D8, C1, C6, EP3, EP6, EP7, A1 and A2 of the South Oxfordshire Local Plan 2011.